The Sun. — London, England, 1809-12-23 00:00:00

. . , - • . . This case . u:as fully : made-out in evidence. : .. that security only ; 'therefore wished him -to draw a Lord F4l-er.eßoatoUGti ' Bing of ' Opinion, that it , bill, and get the acceptance 'of 'some- other persoo, Yvas':illegal rot a stamp he be made use of f , r two. which the Defendant pererniptorile reftised,.as he had purposed,. diretted the Jury to find a yeidia 7or :he , ',a - right, to do, insisting on the terms of his contract. plaintiff, which they ..eccoidingly did. • Tne ship' DiJring this dispute. between' the parties, the price - of having been' lost .Since tire. execet ion of the htll of - the ciiintvidity fell' in the -market, iii id iI , en +the sale, it was - left to two of, . the Jurymen to itiqiies! Plaintiff offerecl to take ': the Defendant's bill; but and- det , :rmine what Was her- Value.atethe time of ',Vet the Defendant thdn , said he would' not take the tal-:. being lost. low, alleging - That the Plaintiff had. rescinded 'the DECEMBER. 22. .; contract,' by his own refusal; and only wanted to get • , eitissote ,v. SoDIES: - i more for his tallo•sti, than was the then, present ~. The ATTORNWY-GENERAL - stated , thii w e e ' en market price.for . it. And he added, that, if the ar aaion :broinght by the Plaintiff, the Ow - tier of the , tide' bed risen in the market, he should have brought . his action against the Plaintiff, for to deliver ship Farne, 'a Wes'l . lndiarnan; to reCover the a mount of damage she had received by the Defendant's brig, it up aCcordi•rig to the contraa. - . •' ' . . . t h e F rkices , a collier, .ranting , e ee l o f t ier i n d ie . . , Upon this clear, case the-Plaintiff was,• of course, rivet:Thames. The only question the Jury, had to , 1 ?"st:lited•• . EGERTON 17. FE ANci s PL.Ow DEN, ESQ. . . decide was, which vessel waS in fault, as the amount i . • - ' - ,Sie iiiIITIII.fR .PIGGOTT moved, that the injonAlon . of damage was agreed to be 'left, to arbitration. l' COURT OF COMMON PLEAS, GUILDHALL. lii•tlii cause shduld 'be dissolved, It teas granted He '% , ould not trespass •on toe .time - 'el the Court sirriNp,6 BEFORE SIR JAMESS:IANSFIELD,:'I4N[GHT, AND ~ A SP . CIAL JURY . . ' jiff til art the ground .het the defendant sold the plain lay entering More felly into the case, as it 'would bet . . .' c,opy-right of a boek; -called- the His by in evidence... He then 'proceeded to 'call ;. . ' Itt7GG Atit, nTHgES - v, mi.NET AND OTHERS. torical RevieW. ;of Irelariti, 'and that be, eftere Lis witnesses. , , - • •1 _ . rt-tE: LAT E .FIRE AT DOVER • . warns published its conteots, in a subssequent Thomas Williams,. Pilof, deppsed, that, :oft the ! The plaintiffs , are wholesale druggists in.; Fleet- . work of hee iptitled The History of Ireland. 'Fite 29th of •Sepiernber last, he took. charge of the ship ' street, and the defendants k eel a banking-house a t ,was Learned,Counsel contended; that the -latter work Fame, at Gravesend; on• the afar,. in Lone Reach; , DoVer; and_are . agents to the &inriaissioners for the . completely dis:i.inct from the former; althoogh perceived. that the brig. Frances Caine too close tin- care and'de;po. , al of Danish property. piracy. • s • Th e D el ,"jet i it might touch oil the same - sithjee't, it . was pet der their stern she ways not mere•than-half a cable's • keteh Young Henry was condemned -as .a ' legal i . . •length-off, :He hailed her, and told the. Mister she prize, apd the cargo sold 'at D: , v'er, the .•14roduce of Sir SAMUEL RoMILLY O Connsel, for the •plaine• was .too nigh by a., good deal ; fvr, it the Fame which was .aisoropriated to the 'droits of the Adinie _tiff, contended,that..thedefendant's History of Ire laivt contaitied - •• the seine subject .reatter as the touched ground,.,they must be 4bOarrl of her,. To' ratty. Ourr - readers "Will reeollea,• _Oat, at the Sit-. : copyright he hadd-sOld tbeeleieter. Fer seven pages which the Master of the Frances replied- 7 e" He did tines after •Michaeloves Term,- !SOS, befote•Lotd Eli. together, there was itet a t esetlete eot e ditfeiehee, not fear- nought." The witness . •hailed a seeeint lenborough and a Special' ihry,en aetion was brought, . . time, - and ..received_ the eame. ansWer. Opposite '' _in I ruver, by the plaintiff Against the deferidattss,: (as witiee was s ere to prove the piracy, and con , Bayren terry 7 house, the Fatne got .agrOund.- -, The'. Agents ot:t he Dtinisli Co i nkniloitersy for the recd- , fit at -the inittlV:ii(l l - , •.• , . • _•• •. ' .witness called ro , the peepie on [team the Franees; ,`eery of-14151.. beitig . the amounttot turpent%e boght .Tee: LOAD, ClimicELLOll. o•4itig obliged to at -to pnt her helm a-starboard, • and let•go their .-I . m- . . at the defendants' s de, ;And Which, befere if i 'weede-.; :tend . : his maiestY's I-.e.ve" , Plitt'o!'ed he'icii'g sir - to board anchor, instead of: whit h, they Rut theiebelin . livered to the.tilaintitfs, aas ournt in the defendantei„ • Ailiinr Piggol''s'-- reP I Y , twill io' . nwri ow • l l '3 a-port, whichbreueht the Frances, stern on, against warehouse- at Dover. fin Jeri, In oeat. itaiOn„,•found •, Eto . npur,the 14asler of the It'•' ll3 e Presii-iesi the r' the Faine's bow, and ,tove io. le. eside. ' . , . -On his -crois-ciamination by Mr.-Plttc.;hosaid; :of . the - Court, on the puitit; Alviher. the . veb-le of- • 'occurred.- '- • , e.'. • • - • the ship Fame dreW 14 feet , 7 414:hes water, and ' the casks of on pentine, .or ...aninpArt of them, :Alter I . . , • - ' DEC-L 22 . , . . „ • • i tlat• the tide had been makin ; ; abotit an .eet t r e his : the sale, .here . or- , eere , not to be:considered as in 1 . -, - , •COCKEItEt. V. BARBER. •:, Majesty's tender,' Abe De.pttord, .passed the Fame a• 'tlie possession of -,the plaietiffse.' On the ahOve i ' , • few minutes. before the. Frances• sirt.u .- * her; the special 'ca e e, oft,,r hearing w hat was xeIr.,IIART stalLd that a new elciimarit ha . - f started ur4ed ty .the ' up, ;asserting, that.he was nuxt of kin to ...tie late, tender neared the Fame,-butda-niat touch her e the' , Corte :-1 on, both sides, the Court deci'iet, that all . :Mt. liarber.• :It till neritalis be recollt:Cc-.1., that a Frances lost .tier bowsprit ; ,the _Wittiss. called onte:the casks . - tf turpentine which were bunged, Were ' grestt deal of liti-.:,ation has taken 'pl.ic, butn al la, , ar to the Frances' that tie . Fame was sie kinge Mat ne., to he ` , ton , ldered as in .rile plaintiffs' ,pos'ses.•;ion, • ' and. in•evile, to ascertain whO were- he iie.:•ot-bias i, Q tie waseaken, .ar,d they stood on ; . the... Fame was and at th• It risk ; and that those which were„nit fit- of a Gentleman: ~f„ the - natne of Barb'er, -:silleashack afterwards relieved by a Getvesend butt.: . ' . ... . ~ led uii att.! bunged, were in the 'posse.ssiOteof the de- 1, acquired a cotisiderable. forth-Tee sin Iticlia,, and very' . , This evidence was corrobt'tetted by four other - fondants, and at their risk a out -of about 'fifty- snoti,after his return, died in London. The eanSe witnesses. s four casks, only [d i ne could be proved to be no- ! .had been sent to a Jury to decide betwcien the Sienna , , Mr. PARK, Counsel for the Defendant, said;, he hurigede„fuld -for / these the Ceurl tardered a verdict. : of. different ,p' altiese' A ii, application for a new tri4e- was. instructed to say, •he had Witnesses to •ereera- to be entered, accerditig le' - their average velue„ was•atierwardiestrejle, .whiele the Chancellor reftise u -diet those which .bad,neen prthluced on the pait'of ' whteh' was f22.31‘. 'lt appeared on the trial, that. an-, 1 to grant. the Plaitatiff,. and Alta! the . Pitot, in sgettinginider • uncomen s on degree of cerelesSeess Was the' OccasiOn-f ' Mr..HAtii having stated.; that a les.:titihn had bee n way so early in the tide, acted contrary .ii, the . dir-c- of the fire; Out , no edvaritage could be taken of that I t presented by • the, fresh claituant.to oe allowed h? • tons laid down by the Gove.rners . of the e l:lenity, circumstance by the plaintiliS; aS that ninon was - prove nodase, reenested that the heariiig might. bee He Would- put a case—Suppose a man i,i Cneapside, brought in -trover; The• plaintiffs, therefore; ' were -; • piptoTgiee him eithe to prepare the _bet vi . :" in, the busy pint of thei.lay,•- . .fe1l dung, mill the page , v , t-11 advised in• bringing the present teStiene, which i dence.—Ordered. . , ' ' senger folinwing him trod ou•hina,.couici,iiet,cover was on the 'groUnd of nedligence; and, indeed, it i'_ - : : . • . . . . damages_tor an injury under .sucli cirenteetatices ?or appeared' that the tire was occasioned by the most A Monster SuPposed to be the same mentioned to ~ _ . , ,-negligence • • • suppose, In the passage to the pietet Levette-6.arden 'dross ..•and . incaution,' :the . defendants ' h: t veappeatedin,Ctoydon,. made his appearance - at Theatre, dtirieg the reign of O.' p,, graft, by' .IE 7 . , , having perthitted their Servants te ge into the ware- - Plmouth-DOCK some nights-sieee. ,:k - le ill used two cilent, fell -down,'and WAS trampled on. in' the eon,. houses, where turpentine and aunpowder *ere dPe•' i women, bY tliroWing their, petit ert • ove- their heads, e, _ fusion, ._ he, .could. p o t... e xpett to_ recovtlr damages sited, with Unproteeted Candles, notveithseanditig• the .andlearing..their . flesh with an , iron-toothed cufrl7 P i on) an individual.;; tor, the thinei, in itself, was not ' flours were swimming w.ith•the bilged 'spitits'oftur- ''.- •cOrnb, down -their ants and ainetiS... Se stout intentional. ' , . . , pentine. Morpheu,' the 'witnessewho Was in the i- a te , netights. have dres,sed: thein b selyes f .. in ' Wo .. ii et ' '4 . . , L ou ' -E k ., L ENßoßouost observed, that it was not. - warehouse when the fire commenced, eves, tho Ugh a • cloaths, andhaVe gone. single and' in tetirstbrotie il a in point 3 .ler, it one man bad the misfortune to tall stout fellow, '0 much frightened with the sight and ; number o f b e -l ene ,i, but letthefe;W-Ithont Suices s e down, 111 e -persen taehind him was not oblig,d 'to idea of the gunpowder expinding, 'lnk for fakir ciay, ~ . . ~r.........., . . walk over .him., it li,• could,go at either Side.of hit:;; belay senseless and stop; i fiqa ; and,, on his coininwfts - ',...,.„ .„. 7... , - ,....;.,. " l i p iv :",,. 5. and it the person so fallen sustained an injury -which' himself, diclareti, that . having lateiy•read some Me- I : • ... • GR . Ayt , SEN . 11, DECEMIER. 2T. _, i.t. inieht be eroided, be couccived it would be pction, thodist sermons,' he conid not. persuade blinSelf, 1 . . . , Arrived . - e the sdont Rial, liii, front Moeadere, ; ri i c i , ,, , , , , . when he . saw the flames bunt'; forth', but that lie was si abl.es. • .- . , I Reed, troraFluAung; at l d tit=' f a me, Dunc.an, tow.r-:-: Mr.. PARE. (in continuation) contendc!cl,- that the. actually in hell. •• The tire was dreadful; bUt, very t duras. • trances NV as .not nearer the Fame,. than:. what was . fo;tunately, a Scots regiment,' bvieg quartered at; ! Sailed-the , Susan, , cotten, for Lisbon ; Du 4 ltvich o r r ...l; : tor, ter St. XLchdel's-; Re‘overf., A1.,.-x..uiner, &J ut.. , 1-',..,,,, common for ships in the lliver ; and argued that the Dover, lent their assistance; and these .brave fel- ' Gseeral Wilkinsoo, —, 'St. Andesio, Tolibridgt, an d 1 " - attion • was -caused bys the -game's getting -aground, lows entered the warehbuse, while one part of it - was ; Aleavvar, lt o w i tbr Opurto. c, :bridge, that the peraoles who fled the management of • burning, and - got out the barrels of gunpowder, her were alone '• blopable. .13rider. these. circum- aedrolled. them over the cliffs into the sea ; - other.; stances, be considere.d the Defendaht entitled to a wise the whole town of Dover would have beeh de verdict in his favour. .. - strayed. - .- :. Mr. Parker, Commander" of hi., Majesty's tene It was clearly proed, on- the trial, that the tur pentine was worth doable the price - it was bought der - the Deptford., deposed-=that und er the cir- . curnstances, the. Frances could :not. have - gone slear for (on account of an - uticountoote rise in that coin of the Fame; and it was with 'difficulty the Witness # modify), at the time the -fire took place; but of was able to bring his vessel clear of her. He 'never - the loss of profit . thePlaintiffs.had thus sustained; heard the. pilot 'of •the fame hail the Frances, al- the.. Court took no cognizance. though he was near enough to hearit, if she had After hearing Serjeant Best, Mr. Puller, and Mr. been hailed. ' "Awes, far the Plaintiffs, and Serjeant Shepherd and On his cross-examination by Mr. GARROW, he , Mr. Garrow, for the Defendants, and the summing . _ USHER V. NOBLE. . : Slid, the Frances•backed her mairi,rop7sail, to lee up of the learned Jndge,Ahe Jury found a verdict for Mr. PARE, stated, this was an . Aetion,on a Policy the tender . pass, and she might have done the,same• - the Plaintiffs—darnages 11871. ; which '-added to l the sum of 2281. recovered in the former action in trever, of Insuraitte. Tf-e Shit) Miranda, by 'the refusal. of to have kept out of the wake of, the Fame ' the West India Dock Company to adiitit h into ~ Two wittiessescorroborated hiseestimony. • . made 1-411. the full amount of the money paid by the Docks, at a proper time, was driven Out into the • Mr. 'ATTOaNay-GEtiElta_li replied . shortly, and , the Plaintiffs to the Defendants, for. the turpentine stream, and received . a serious, injury.; by which_ ' said, it eves impossible to conceive that any persons Whichytas\destroyed. • i . to ,ans.iter cargo was damaged. ..The plaintiff, who in . their senses would -intentionally pat themselves DECEMZER 22. .wa,F; elle owner 'ef. , the ship, brought an action in a situation to•meet_a watery :grftVe ; and if the - -against the West - India Do ck Com p an y , which:was Jury believed the witnessesof the Defendant, they .hear. - at Westminster before ,his Lordship, and a' . must believe that the personsin the charge of the , vertliCt;it;iven for the plaiotiff, allowing-Abe mat h e t. Plaintiff's ship had that ; intent.' The collier shad • prit'e of the. day which was much . less ' ttian the e'nothing to fear, - for she came stern on, and could Cargo was purchased at, or insured' by the defend- . i not be injured ; under the circumstances of the case, Cy was etfeCted on the inVoice, and i -' he had not a' doubt but the . Jury; under the direc ant. The nol "the present , action was brought to recover the tilt- ' lion of his Lordship, would give a verdict for the , ference between the market-price and the invoice. i Pl a i nt i ff. , . . . He. was well aware it was not a question for the I Lord zeeeNBOROUGII, with - his usual perspicuity, Jury, as.it went c!lietly to detettnine a point of law. : sumffied up the evidence, and the Jury, without It was brought there, that_ his Lordship might order hesitation, gave a verdict for the Plaintiff. a case to ')e- made out, so cisit might be, argued ,at I LEE AND AercertlEtt V. WALKER , AND OTHERS. Ear. The delenn,int fiad paid .:.se en per cent. into i ' % e The ATTORNEY-fitNEICAL stated this to 1. . up one Coui I, JUL Inc plaintiff went Jot twenty-three pee' 1 ' of:those numerous adions. of so .many had . .4, occurred of late; for not,delivering a, quantity of flax, accot ding to contract ; the cause of which had arisen ou't of Alte.-duetualion of that article, and that of ' hemp, in price e in the tnerket. .. Atter.a very long discussion of this cause, it was agreed to leave it to the arbitration of Mr. Gibson,. an intelligent ,Gentleman, one. of the Jury. • to suceeed the deceased Captain. ; This man's evi. :dence contradioled that of the two cgmeir wilne•ses, ibuiwaS very hesitating and unsatisfaaorY. ' - Mr. Serjeant C • CO . iii3Li. was Counsel• for the Plaintiff, :arid. Mr. Serjeant SaEPRE'fiD for the De fentlant;. upon NVIIDSC side no witnesses wale call,d. • The amount 4r which the plaintiff contended was • '3001: part of the value of the said ergo, which was insured by the different underwriters, and atonunted 'to rsarly 3.5,6001. ; • • The Eiry, , ;llter.an hbur •and . a half'g 'deliberation, returned a verdi& for the -Deftndant. On . the result of - this aaion tepended the fate vf six other aelions. - r __~~. y,r,....-,.~ ~..__-_ i -_ . colt. , Mr. ATTORNEY-GENERAL, Counsel for the de— ft.ndant, said, thk he was instructed, by hi 3 client ; the underwriter, to'agree to any mode clreaed by Lord ELLENBOROUI4H direi.Aed that it sliduldbe. sent up as a case. COLE V. PARIONS. ATTORN:EY-GENERAL stated, this was an ac- _ tiOn brought by' thecreditors of a ;r. Doyle to re.- . Covet,froin defendant the value of the ship cerberuem Defendant had been a. creditorotboyle, but, finding had become insolvent, be got him to Make a / bill otysale,ot-t hership in question to him, the defend a3:l, to the great detriment of the .plaintiff but, • fortunately, the bill of- sale had proved not to ho legal one, as, in the first instance, there was a tristalie and they re-executed,it in,September; the first,ot,7cution having taken place in June 1807, tin ot.e and the same stamp, which must 'prove fatal LIVING V. K111.13E. r i 4 ki . was, an action to recover the difference be tween price at - which the Plaintiff had sold to the Defendant 'a large quantity of tallow, and the price at which the plaintiff, Avas compelled to sell it, in consequence of the Defendant Jefusing to take it. It appeared 'that the Plaintiff had sold his com modity to the - Defendant at given priers, for which -he , was to take a bill at three months, of . the De fendant's own acceptance. The Defendant offered such ,bill to the Plaintiff, who hesitated, saying, be did.not know the Defendant sufficiently to-rely on GOODAZL V. 'COUSINS. COURT OF 64AN:GERY, DES. 20. . . . • •BIRT; - JS. _ i.. • arr Sunday morning, at Park:plice; Mitcham, the Lady• of the Hon. W. Herbert, of a Daughter. • • ". 2 _, Yesterday,' at Carriberyvell, Mrs. ;Christopher, LadY - Captain Henry L kuistopber, of she-Last-India shy Sir Wi l " Puireney, of a son. On the asst inst. Mrs.- Robertscn,‘ of Salhamabill; of a Dabghter. • • Yesterday tnorning, Lady Fitzroy,- of a Son. to This was an anion on a policy of Ansitrance, founded on a charge of barratry, and goods lost to the plaintiff by the barratry. • . . It app'eared that the plaintiff was an Admiral in the service of the 4mperor of. Hayti, and had, dui -- ing last term, brought an action against an under writer narned/Dgle, to recover part of -the . value of a cargo of a vessel - named the Earl Bathurst, laden with coffee and cotton, bound from St. Domingo to London. -• - .. The Captain of the Earl Bathurst had a&ed with impropriety and irregularity, in, leaving the port pri . vately, and withput a sufficient, quantity of provi sions to support the crew ; and-also in turning from the course which" he was hound to pursue ;, instead ` of sailing for- London, he immediately sleered ro wards Bermuda, where he sold ,part (.1f the Cargo, and-from thence he - sailed to Baltimore, where lie disposed of another part. . , The:•hrst witness examined on the part of the . plaintiff, waVa person named Vanderhithe, who. stated that heliad' agreed with the Captain of the -Earl Batheii; for his passage to London ; the con duet of the ,Captain appeared extraordinary to him, as, instead of going to that port, he sailed to Ber mtada,,remained there five weeks; and then went to. Baltinicire, where he died. - Captain Hutchins, who. 'tools- the , command of the vessel at his death, was, a passeng'er in it, during this unaccountable voyage, and wa / s . preent.at the disposal Oa part of the cargo ;, he corroborated the evidence of the first witness.-- The' third evidence was a person named Greeshain, First.. Mate of the Earl Bathurst, and whg, on ac. 7 count of his propensity to drink, was not allowed 4ti sit . A i yr-StUtn4. I.9NUON : Printed by RICHARD HARRIS, of No, 4, Martlert-court. bow-smet; and At the Sus-,thincß,lNo. 112, Strand; where Advertiiernents, Orderf Poi s ited by W LLIAM SL kik' I'S, South Moiton. street, G o enc . Or Le PaPer; Utters for it.e Editor, ppst be addressed Fv .Squafe. • Qn •. • • &MA 4 'to • O the 7th inst. Thormis 111.1 c Nalty, Esq Dorninie 'gck street, Dublin, to Eleahor, yournz.el)t daughter or Mr. Ge ° Whitaker, .of Barrack-street, said -City " On the •Litil - insti kittochside, Patrick 14a‘rniltoll,11.:4i younger, of braehead, to Kiss Elizabet l- . datig':` or {olru rahar, • Esq: of Kittochside. . On the .14th lust. at Leith, Waddel, Esq. James's -place, to 1..1i - cabal), tidal daughter or Peter sh . o () ''s Esq. Merchant ,of,,Leitli. On Wednesday last, at Loddi.swell, John George Cdau hil - dren Esq. of. Tunbridge, Kent, to. Caroline, eldest gh ter of George Furlong %!)/ise, - . Esq. of Woolstone, near K logs. bridge, Devon - .. On Thursday se i nnigh, at , Waterford, Hairy Nl` Clin tock, Esq. to Miss Fleury, daughter of the Rev. Arc.hilea. con Fleury. ' On ir hursciax, , - - The sante day, at her residem.•e in thy:. Lai herl;;al,Prcei nci ll ' ti Canterbury, - at - the atlyarlued, ygd. at 1>7., I\ - :rs. lirYciUs , ", .D 7, o 4 r A , , 0 ri t ,. 1 1. ) :. (7. 0 1 ,,, tt c i t) ed r . , ) , -- .s , s.. ot A ß a J i.n g ;, gotr i s ,a t n r a t:. 4 iat e,r ,. ,l ) o l r ' l ' e ws, lin. , • . . Lately, ; at Roebuck, Mrs_ Butler, wife of Edward ButP r ' ESq, of Qrniotal.quiy, Dublin. - , • - - ,1., On the;oth Ult. at Merida., in Spain, after a few days +' ness, .(ohm Berton, Esl4. of the,Avyiey l'oregate, in Satz' bury, Captain of the 3d Refitment of Oragooh (;i,,rsis." . , On Weditisday se'nnight, at North Slitelds4 Robert R - arr; Shaw, -Esq. Attorney -at Law,- anci Captain: tn. the Nor' ; Snields a,,i - rylietot,uth Volunri:e:s. fi;a ,4,lest . ctairOtert. s fine girl, ....bout 14 - ; , - ,,, , ns of aN, rice, a rew h'ours betoie A I burial. ; On the t it-h of: Ni..o' 1,:s!, hi ;fie 1 4 0c,?.a1l iliwia, in t l)6 East Indies, - Colon:, Vti;,i,l:l V;alia.e„ of His I'vlajo.l Spth R•egiinent'ot Foot, cow ili,v,kling tr•..e.i:lls.(liory “,),:e.) .p.iltiTh troops ;,tation,si v , all 111,11,g,;pc.s t's - ,e .I';:ish - .N ,, i. c o. (.;11 1 Nlonuay, .-: G.as.;;;,:xil:)•,' wt tilt; ;I:tvai,ceci fie. 0! ' 1 ,1 4 „ Mary Doudcsweil, i.;7 li:liiVi:: or Des-o:.:•silne, .ivlio„ Jr ,- .., ~:•,? _ - 'fitanding her ex:feare age, cchtir,r,l,:ii i.., th.oief throui,' Country as a bef:gar. . On Wed'aesd.ty morning, in Lower •Seyinour-btreet, Ml's" SpAuresisa.cewun'tadt4Bityue'santal:giroLeY.,ll.establislitnent in M and I.ster. - , of the late Edwar.t litydges, Esq. , c:f Wo 9 tuli-c:ourt,l..-e , "O , ill O ne ' s l s t r i ) l f e 'r l ii i rly il a c'l l-e ° w 4 d i' a be y s r , L o i n en t te i' : e 4t l .l 3 t i V na i l e. c -t '' o; 5 -; ; ;e i l l d cr- 114, 1tet rilt6 . { Polyphemus. : -.-• .. i - - 4 k;Q Lately, Mrs. Baiflie, aged , widow oititt late Itic,°,, t r , Baillie, Esq. of Sherwood 'Park,. in the County -61. Ca"' I relabd. __::.-----"'"1 .-- • , . . Baraic. Stock, • . . lndia Stolt, shut —O l - Navy S per - Ceut.. shut Incha bood.i, 2lss. ;Y• s ' Irish 5 per Cent. ' pr t . p 3" - .nt , 8 4 i 2,4•. - '. 1 Old Ann. . :.' 3 4 'per - Cenr. Ital. 69 ii i , Exch. liili, '55....g5• I" 3- vir Cerit. eins. sh±-) lll n2L , 2fLut rI. •,.,:- 2• ~,,.. IR o- r6tris i • . Cons. tor‘Operang, 7° . \ '145' 7 Er P OiiT. CO:RT Or I.C.ll',:G's•6l-;NCIT, DEC. 19. TTINS;S. Ai' NISI TRIU , , si.Tpitz LORI) EILENBOROUGIii AND A SPI.C/A I. • JURY. ELLIOTT V. S:SII111. TiliS Was an action to recover trom the defendant, the aniouni of a policy ot insurance, which tie otii;lit to have wade ont he ship- Mary. - • The ATTOR N'EY- GENER AL stated, •that• the de ftodatit had , received Instruttious to effeot an in; suronee on the ship Mary, ; bound to Spain. She . touched at the port of, reriol, and was setzed,by the. Sex.iish atiieers. • Tee brother -of the defendant received, the instruCtions, he residing in York:, to in• sire the ship to the atuOunt of 2,6001. the 4c:fetid ! . residing at Leith, undeitoole to effect a policy for 10001. at :0 per cf-411.,„.e,ai1d - the revoainder was ef fected at Hull, and ace - he,accouni _of the seizure-ot the vessel. The plaintiff apOliedlo the de feudant,w ho was the mere broker, for the policye this he refused giving,, bat sent - a .pretended copy of it. This tile Jury knew would not entitle, the plaintiff to reover. • Oir the defendant's being pressedifor the ovginal policy, he refu.sed, until - the premium was paid, which was immediately acceded to;. but. instead of receiving. one- policy, for 10001. the plaintiff was sent thsee---Oile tor, *001: and.one for 3001. and the other. ho - . 2001.; iii that ,of 6001. the: defendant's name was set torth as the insurer, quite contrary to the copy origioal!y delivered. It - also appeared, that . instead. of their insuring' for general risk, as the tostructio_ns Were given; they only spe cified for sea-risk, which did not oblige the insurers to be answerable‘ for the hiss . under the present. circumstances. -On a minute inspection of the policies, it was found,- that the stamps on two of them were dated long' subsequent _ to the time the policies appeared, on,t he face of them,to be executed, wlocii, -was, June - , 1802, and the two gawps were ‘aated as 'issued from the Stamp-office in August in the same year. Under-these circumstances, Mr. At torney-General contended, that, the plaintiff , was 1 1 2 entitled to a verdict ;it was necessary that such prac . tices•shonid be suppressed, otherwise the, fair broker .could not exist. -. • - . • Arthur Smith, the brother of the defendant, de posed,-that he sent the order to his brother to effect the insurance for 10001. on the ship Mary for six monthf, trom all ,risk. He the witness, received the the order from Mr. Couteau, - On his cross'-examinaiion by Mr. PArtfc, he said ; he 'receiv,ed a copy of the pelicy, by tire return of post, fr in. the defendant, which he immediately transmitted to Mr. Couteau,, accompanied by a lat., • ter, via( tin. policy (I . d' !cut warrant to insure agates all, risk-, as the • hers a.. . Mr.- l'a.kre then said ,that uC understood the fact to be, 111 at. tile defeficiaii•'s conntitig-house had been robbed, and every 'doer taken ,ot:t et it; - which °bilged. \ the detendant i.o get new Hicies ; and be, very properly, would not,detraud the Stamp office; but-also got fresh stawps: Lord Eeectiliont -UGH observed, he was of Opinion that-be ought riot to look at any other policy; than the-one whin purported to-b tit 1000 i. Mr. Ceuteau depoSed, he gaye oreers to the last witoesss• to effect the ditierent itiSnranCe.:, and the / first time he heard that the,i . ;eltcy for theloo'ol. had taken, place in a 'single policy, was - after he hid preased:liis surp,ise at the stamp' on two of the po licies bearing a later.date tha) the eitecutieti of the , hist:out:lents thetnseVcT. • Lord'. ELLgtiaobouGH-7-` e Mr. ,PI{F.K., can you she* or pi oduce any ot those perst'Ais whom you allege to have signed the first policy ? It such a thing did. exist; .surly they -might to be here; ; even.sliew us, by eroof, thot this robbery took place, which you have been instructed to assert. The story - , in. my mind, appearfF, too improbable; and must doubt that the 'Single poliey for 10001. was ever enetted ; if it was, there would not have been occasion to pay for the stamps to the ()Cher pOlicies as the Commissioners of the y Stamp-Office, on au ap-." _plication, by affidavit, that the - original policy was ' destroyed, would have rene'.ted it." Mr. P A K----" My Lord, I a,DI withotit witnesses froth Scotland." His Lordship then direfted the Jury to find aver did for the.plaihtiff, which they accordingly did for 10001. and' interest. •